HomeMy WebLinkAboutContract 63706Date and Time Received: 07/23/2025 City Secretary No.: 63706
WATER LINE PRIVATIZATION AGREEMENT
This WATER LINE PRIVATIZATION AGREEMENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH, a Texas home rule municipal
corporation ("City"), acting by and through its duly authorized Assistant City Manager, and ART
Mortgage Borrower Propeo 2010-5 LLC, a Delaware limited liability company ("Owner"),
acting by and through its duly authorized representative Michael Tecza, Vice President of Global
Construction.
RECITALS
WHEREAS, Developer is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, located at 4900 Blue Mound Rd, Fort Worth, TX ("Property")
more particularly described in Exhibit "A" attached hereto and incorporated herein for all
purposes; and
WHEREAS, the City owns and maintains public water facilities known as X-10765
(the "Water Lines"); The Water Lines are located within and adjacent to the Property as shown
in Exhibit "B" which is attached hereto and incorporated herein for all purposes; and
WHEREAS, Developer has entered into Commercial Building Permits PB25-00141 and
PB25-00639 which details the work to be performed by Developer to privatize the Water Lines
which will be undertaken to isolate the Water Lines from the City's water system; and
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City privatize the Water Lines; and
WHEREAS, the City has reviewed the Developer's request and has determined that the
Lines will serve at least one customer and will not serve any customers beyond the boundaries of
the Property; and
WHEREAS, once privatized, Developer shall have exclusive control over the Water Line
and shall use all reasonable care to maintain and operate the line to provide service to the Customer
perthe limits shown in Exhibit "B" and to prevent infiltration into the City's adjacent active water
system; and
WHEREAS, to avoid a gift of public funds through the privatization of the Water Line,
which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value
of the Water Line in the amount of $ 21,533.21 ("Depreciated Value") as set forth in Exhibit
"C" attached hereto and incorporated herein for all purposes; and
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Blue Mound Americold Page I of 8
Water Line Privatization Agreement Rev. 9/2024
AGREEMENT
1.
City shall and by these presents, does hereby privatize the Water Lines from the points
designated for each on Exhibit "B" but only to the limits shown thereon in accordance with this
Agreement. The Developer shall have exclusive control over the Water Line per the limits shown
in Exhibit "B".
2.
Developer hereby accepts the Water Lines "as-is/where-is" and warrants that Developer
has performed its due diligence to understand the condition of the Water Lines without relying on
any representation by the City. Developer shall not expand or otherwise cause any infringement
on the City's remaining public infrastructure.
3.
Developer agrees that once the Lines are privatized, the Developer shall have exclusive
control over the Water Lines and shall install a double check detector assembly and domestic meter
as designed per the Commercial Building Permits PB25-00141 and PB25-00639 construction
plans to prevent infiltration into the City's adjacent active water system.
4.
Except as otherwise herein provided, all construction and privatization of the Water Lines
shall be performed in strict compliance with this Agreement and the City's Charter, policies,
ordinances, and Code.
5.
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction to privatize the Water Lines
and to prevent infiltration into the City's adjacent active water system.
6.
Developer agrees and acknowledges that this Agreement is solely for the purpose of
granting to Developer ownership and full responsibility for the privatization of the Water Lines
and is not a conveyance of any right, title, or interest in or to the City's public infrastructure not
herein identified as part of the Water Line privatization limits nor is it meant to convey any right
to use or occupy property in which a third party may have an interest.
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Water Line Privatization Agreement Rev. 9/2024
7.
In the event Developer conveys the Property, Developer shall provide a copy of this
Agreement, which shall run with the land, to the new owner of the Property along with a report on
the status of Developer's actions with respect to the Water Lines. The Developer shall promptly
notify City of any transfer in ownership of the Property.
S.
Any cause of action for breach of this Agreement shall be brought in Tarrant County,
Texas, This Agreement shall be governed by the laws of the State of Texas.
2
This Agreement shall be binding upon the parties hereto, their successors and assigns.
[Signatures Follow:]
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Water Line Privatization Agreement Rev. 9/2024
THIS AGREEMENT shall be effective on the elate signed by the City's Designated
Assistant City Manager.
City of Fort Worth
By: C>-911--�
Jesiea McEachern
Assistant City Manager
Date: 07/22/2025
Recommended
ChrisfonhBr, N-arder
By: Christopher Harder (Jul 18, 202517:00 CDT)
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
Qc&lr—
By: Douglas Black (Jul 18, 202515:53 CDT)
Douglas W Black
Sr. Assistant City Attorney
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ATTEST: Sao
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By•
Jannette S. Goodall
City Secretary
Contract Compliance Manager:
Owner: ART ort a Borrower Propco 2010-5 LLC,
a D ar imit liability company
By:
Narne: Michael Tecza
Title: Vice President— Global Construction
Date:
By signing I acknowledge that I am the person Responsible for the monitoring and
Administration Of this contract, including ensuring all performance and reporting requirements.
By:
Suby Varughese, P.E.
OFFICIAL RECORD
Engineering Manager CITY SECRETARY
Blue Mound Americold Page 4 of 8
Water Line Privatization Agreement
FT. WORTH, TX
Rev. 9/2024
STATE OF TEXAS §
COUNTY OF TARRANT
This instrument was acknowledged before me on July 22 , 2025, by Jesica McEachern,
the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation,
on behalf of said home rule municipal corporation.
e
]ENNIFER LOUISE EZERNACK
ELECTRONIC NOTARY PUBLIC
STATE OF TEXAS
COMMISSION # 130561630
MY COMMISSION EXPIRES
MARCH 4, 2028
STATE OF 'FcqLkS - �x f p
COUNTY OF T444RA*f
�PaY-4 L-�
Notary Public in and for the State of TEXAS
My commission expires: 03-04-2028
This instrument was acknowledged before me oil J142-0 `i , , 2025, by Michael Tecza,
Vice President of Global Construction, as the act and deed of ART Mortgage Borrower Propco
2010-5 LLC, a Delaware limited liability company (entity type), and in the capacity therein stated.
Notary Public in and for the State of Tf,**S 6p� A
My commission expires: 11 — q — ao, ) (,,,
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: David Pelletier
100 Fort Worth Trail
Fort Worth TX, 76102
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Water Line Privatization Agreement Rev. 9/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 3R, Block I in Hobbs Trailer Addition, an addition to the City of Fort Worth, Tarrant
County, Texas, according to the Final Plat FS-24-089, recorded as Instrument Number
D225033266, Plat Records of Tarrant County, Texas.
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Blue Mound Aniericold Page 6 of 8
Water Line Privatization Agreement Rev. 9/2024
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BLUE MOUND AMERICOLD
4900 Blue Mound Road
Existing Public Water & Sewer Lines
EXHIBIT "C"
Depreciated Value of Water Lines
10" PVC Water Lines:
118 LF - 10" PVC Water Main Number
Plans File Number: X-10765
GIS # 355199
Install Date: 8/24/1994
Net Book Value as of 6/01/2025: $ 1,272.74
8" PVC Water Lines:
570 LF - 8" PVC Water Main Number
Plans File Number: X-10765
GIS # 320041 (233 LF), GIS # 354975 (250 LF), GIS # 332119 (75 LF), GIS # 355116 (12 LF)
Install Date: 8/24/1994
Net Book Value as of 6/01/2025: S 17,021.16
6" PVC Water Lines:
37 LF - 6" PVC Water Main Number
2 EA. Fire Hydrant
Plans File Number: X-10765
GIS # 414538 (30 LF), GIS # 404032 (7 LF)
Install Date: 8/24/1994
Net Book Value as of 6/01/2025: S 1,579.75
Fire Hydrants:
2 - Total Fire Hydrants
Plans File Number: X-10765
GIS # 134840 (1 EA), GIS # 134048 (1 EA)
Install Date: 8/24/1994
Net Book Value as of 6/01/2025: S 1,659.56
Total Net Book Value as of 6/01/2025: S 21,533.21
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Water Line Privatization Agreement Rev. 9/2024